Ohio’s DUI law is extremely complex. Many people, including attorneys, do not have a clear understanding of how it works. By definition it prohibits any person from operating a vehicle within Ohio if they are either under the influence or above the prohibited limits.
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Definitions
First, we have to look at the definitions, since they are the key to understanding the DUI law. “Operate” means to cause or have caused movement of a vehicle on any public or private property used by the public for purposes of vehicular travel or parking. “Vehicle” means any device used for transport, including cars, trucks, motorcycles, bicycles, lawn mowers, etc. It does not include motorized wheelchairs or electric personal assistive mobility devices. Ohio’s DUI law applies anywhere “within this state”, not just on the roads.
Next we turn to the more difficult definitions. When a person is accused of violating Ohio’s DUI law, they are typically charged with two violations. First off, they are charged with being “under the influence”. This particular charge requires the prosecution to prove that the driver’s ability to operate the vehicle was impaired, to a noticeable degree, by alcohol and/or drugs. “Drugs” includes prescription medication as well as illegal substances.
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The Charges
If the person took a breath, blood or urine test and the test results indicated a prohibited level (of either alcohol or drugs) then the person is typically charged with another DUI violation: Operating with a prohibited level of alcohol and/or drugs. The prosecution can attempt to prove both “under the influence” and “prohibited level”, but the person can only be sentenced on one.
In cases where the alcohol level exceeds .17 or where the driver refuses the test, the penalties are dramatically increased. In cases where the driver refuses the test, the police sometimes file an additional charge of DUI Refusal. Typically the prosecutor has to prove the “under the influence” charge as part of the DUI Refusal charge.
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Tests and Refusals
Who gets to choose the test? Ohio law allows the officer to choose the type of test requested. Most officers choose a breath test unless drugs are suspected. There are many detailed requirements concerning the use of tests in evidence, including proof that the test was taken within 3 hours of the time of the operation of the vehicle.
When a person refuses to take the test in a DUI case, it makes it far more difficult for the prosecutor to prove the case, especially if the driver was pulled over for a purely technical infraction (like No License Plate Light). On the other hand, a refusal increases the potential penalties if the person is convicted and causes some judges to be more reluctant to grant limited privileges, etc.
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ADMINISTAdministrative License Suspensions
In addition to the possibility of a driver’s license suspension for the DUI charge itself, Ohio also imposes another, immediate license suspension if the person charged either (1) tests over the prohibited limit, or (2) refuses to take the test. This is what is known as an Administrative License Suspension (A.L.S.) and typically occurs at the time of the charge at the police station. There are “hard time” waiting periods during which limited privileges are not permitted. An ALS suspension is longer in duration and involves a longer “hard time” waiting period if a refusal is involved. Some courts will “stay” an ALS suspension, effectively delaying its consequences until the DUI case is resolved.
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Detention and Arrest
An officer has to have “probable cause” to stop or detain a person. This simply means that the officer has to have a reasonable basis or justification to believe that the person is breaking a law. Violation of any law will suffice (such as failure to signal a turn). Without probable cause, the whole case may be thrown out.
Additionally, the officer must have a “reasonable suspicion” that the driver is under the influence in order to arrest for a DUI. Normally the officer uses his observations to meet this requirement.
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